Legal Question in Real Estate Law in California

Can you change from a joint tenancy to tenant in common with the intention of willing the property to a third party, without giving the person on the joint tenancy deed notice?


Asked on 10/09/14, 10:47 am

4 Answers from Attorneys

William Christian Rodi Pollock

Yes. Each joint tenant has the right to sever the joint tenancy. You can expect the recorder, at least in the LA area, to provide a copy of the deed to the owners of record.

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Answered on 10/09/14, 10:55 am
Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law

Yes you can. It is called severing the tenancy and is done all the time.

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Answered on 10/09/14, 10:58 am

The only exception to the previous answers would be if there was some Joint Tenancy Agreement in place that prohibited it. Even then the severance would probably be effective, but it would result in breach of contract damages.

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Answered on 10/09/14, 1:57 pm
Anthony Roach Law Office of Anthony A. Roach

I agree with the previous answers. I write separately to point out that severance of a joint tenancy cannot be done by a will. It is usually done with a deed. There may be other legal requirements as well, so I suggest you at least consult with an attorney in person rather than rely on any of our assumptions.

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Answered on 10/13/14, 2:16 pm


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